V.
ANALYSIS OF LAW
155.
Taking into account the chronology of the facts established and the pleadings of the parties,
the Commission will perform an analysis, first, on whether the Venezuelan State had a duty to respond to the
initial disappearance of Linda Loaiza López and, if appropriate, if such response was fulfilled properly. Based
on this initial analysis, the IACHR will assess the available evidence on the facts of physical, psychological, and
sexual violence against Linda Loaiza López, from the moment of her disappearance until her rescue. Given
this assessment, the Commission will establish the international responsibility of the State, in light of the
international law of human rights, including the prohibition on torture and cruel, inhuman and degrading
treatment.
156.
Subsequently, the Commission will decide on the domestic criminal investigation and
process in light of the obligation to investigate with due diligence and in a reasonable period of time and with
the gender perspective the case required. Additionally, the Commission will examine the pleadings to the
effect that Linda Loaiza López Soto was re-victimized throughout the process and their implications under
the American Convention. Finally, the Commission will determine if the facts of this case involved a violation
of the psychological and moral integrity of Linda Loaiza López Soto’s family members. In addition to the
American Convention, the Commission’s analysis will include the relevant provisions of the ICPPT, 214 the
Convention of Belém do Pará, and the American Declaration of the Rights and Duties of Man.
214 Preliminarily, the Commission notes that its report on admissibility did not explicitly include the ICPPT among the
instruments that could be considered at the merits stage. However, considering the totality of the pleadings and evidence available at the
merits stage, the IACHR considers an analysis of the facts according to that instrument to be pertinent. In this regard, the Inter-American
Court has established that the addition of articles of the American Convention by the IACHR at the merits stage “does not violate [the
State’s] right to defense” in cases in which the State is aware of the facts on which the alleged violation is based. The Commission
emphasizes that both during the admissibility proceeding and in the merits stage, the State was aware of the facts on which application of
the ICPPT is based. The Commission will therefore include this instrument in its analysis. See: Inter-American Court, Case of Furlan and
relatives v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 31, 2012. Series C No. 246, para. 50.